Bryan Pagliano, the IT professional who reportedly set up Hillary Clinton's private email server she used as secretary of state, on Tuesday filed his copies of his immunity agreements with a judge who is overseeing a Freedom of Information Act lawsuit,
LawNewz.com reports.
Pagliano had been scheduled to testify in the FOIA lawsuit filed by Judicial Watch on Monday, but his lawyers said he would be asserting his Fifth Amendment rights against self-incrimination against all questions he was asked.
Federal judge Emmet G. Sullivan
postponed Pagliano's deposition and ordered his lawyers to file the details of his agreement with the Justice Department in its investigation of Clinton's use of the private server.
"The potential for self-incrimination here is sufficient to justify Mr. Pagliano’s intention to assert his Fifth Amendment rights," the memorandum of law filed by Pagliano's lawyers reads.
"Mr. Pagliano’s prospective deposition will inevitably cover matter that might 'furnish a link in the chain of evidence needed to prosecute.' The Court has authorized Judicial Watch to obtain discovery relating to 'the creation and operation of clintonemail.com for State Department business,'" the memorandum continues. "It is not 'fanciful' to conclude that those matters could fall within the scope of an ongoing (or possible future) criminal investigation of the same or similar subject matter.'" Indeed the mere fact that the government was willing to offer Pagliano 'use' immunity here in exchange for his testimony indicates that his fear of prosecution is more than fanciful or speculative."
Pagliano's lawyers write in the filing that he was granted limited "use" and "derivative use" immunity after he talked to federal investigators, LawNewz notes. "Derivative use" allows the government to prosecute Pagliano, but keeps them from using any evidence he gives them in his own testimony to do so.
Pagliano's legal team has asked that the filing be kept under seal.
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